Q: How does the BCCSA adjudicate complaints against broadcasters?

 

A: Each complaint lodged with the BCCSA is evaluated by the registrar. A decision is then made as to whether the complaint is prima facie proof of a contravention of the Code of Conduct; in other words, would the complaint be upheld by a Tribunal of the BCCSA?  If the answer is no, the registrar responds to the complainant, explaining why the complaint has not been accepted.  In cases where the registrar accepts a complaint, it may be subjected to either of two processes. It may be referred to a commissioner who writes an adjudication after considering the material complained about as well as written arguments submitted by the complainant and the broadcaster (respondent). In the case of more serious complaints, the matter is referred to a tribunal hearing.  A Tribunal comprises either three or five commissioners: they listen to or view the material complained about, then hear evidence and arguments by the complainant(s) and the broadcaster, or their legal representatives. Thereafter, the commissioners deliberate and issue a written judgment; in certain cases a dissenting judgment may also be submitted. All adjudications and judgments are then published on the website.